Mortgage Holder’s Petition to Set Aside Judicial Tax Sale Rejected [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that the trial court properly denied a mortgage holder’s petition to set aside the judicial tax sale of a property in Lackawanna County due to alleged improper service of notice and other errors committed under the Real Estate Tax Sale Law (RETSL). HSBC Bank USA, N.A. v. Lackawanna County Tax Claim Bureau, No. 2027 C.D. 2013 (Pa. Commw. Aug. 1, 2014).

Michael Klein Discusses Complaint Against Wyoming County Planning Commission in The Scranton Times Tribune

News

In an article titled, “Silica Sand Firm Sues Wyoming County,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Group, discusses a complaint filed on behalf of D&I Silica against the Wyoming County Planning Commission. The complaint alleges that the planning body “did not satisfy the explicit requirements” of the Pennsylvania Municipalities Planning Code when it declined to grant preliminary approval of a proposed transload silica sand facility at a hearing on July 16.

Tax Sale Invalidated Due to Inadequate Notice [Tax Alert]

Publication - Tax

The statute requires notice to be given to each owner of the property. The notice requirements of the statute are strictly construed. Rinier v. Tax Claim Bureau of Delaware County, 606 A.2d 635 (Pa Commw. 1992). There were four owners of the property. Notice was sent addressed only to one owner followed by et al. The court held that such notice was inadequate under the statute. Therefore the tax sale was invalidated.

Housing Development Fund Corporations [The Cooperator]

Publication - Real Estate

Leni Morrison Cummins, a member in the firm's Real Estate Group, discusses housing development fund corporations under New York Mayor Bill de Blasio.

Jennifer Brandt Appears on America's Newsroom on Fox News to Discuss Leaked Celebrity Nude Photos

News - Family Law

Jennifer Brandt, a member of the firm's family law practice group, was recently a guest on America's Newsroom on Fox News to discuss the recently leaked celebrity nude pictures by hackers. Oscar-winning actress Jennifer Lawrence was one of the many targeted.

Menachem Kastner Named to New York City Bar’s State Courts of Superior Justice Committee

News - Real Estate

The State Courts of Superior Justice Committee is involved in all aspects affecting the state court system, including drafting/commenting on legislation, submitting briefs, sponsoring continuing legal education and other programs, interacting with those seeking Judicial appointment, and participating in public service projects.

David Barron Discusses Right-to-Work States in Society for Human Resource Management

News - Labor & Employment, Labor Relations & Disputes

In an article titled “Myths Abound About Right-to-Work States,” David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the relationship between companies and unions in right-to-work states. “The reality is that companies often get along better with unions in right-to-work states because the union must actively justify its usefulness to newly hired workers and existing employees who can withdraw at any time. This incentivizes the company and union to work together for mutual benefit,” says David.

Patent Depending [Supplier Global Resource]

Publication - Intellectual Property, Patents

Cozen O'Connor Ranked First in Philadelphia, Third Nationally in American Lawyer's Best Places to Work

Press Release

Cozen O’Connor is ranked first in Philadelphia, for the fifth year in a row, and third in the nation in The American Lawyer’s 2014 Mid-Level Associate Satisfaction Survey. The American Lawyer surveys third, fourth and fifth year associates on 12 aspects of job satisfaction. On a scale of 1 to 5, Cozen O’Connor scored a 4.781.

Third Circuit Clarifies False Claims Act Pleading Requirements [The Legal Intelligencer]

Publication - Appellate

There is a split among the circuits regarding what a whistleblower must plead to survive a motion to dismiss in False Claims Act (FCA) cases. The U.S. Court of Appeals for the Third Circuit has now spoken for the first time on the issue. In June, the Third Circuit decided Foglia v. Renal Ventures Management, 754 F.3d 153 (3d Cir. 2014). In its decision, the Third Circuit reversed a district court order granting a motion to dismiss for insufficient detail in the pleadings. In so ruling, the Third Circuit sided with those circuits adopting the less demanding of the competing FCA pleading standards.

Michael Schmidt Discusses HR's Challenge with Wearable Technology in Human Resource Executive Online

News - Employment Litigation, Labor & Employment

In an article titled, ‘’Banning Wearable Tech at Work,’’ Michael Schmidt, vice chair of the firm’s Labor & Employment Department, discusses the challenge human resource departments are facing with the evolution and popularity of wearable technology (i.e. Google Glass). Michael says the main HR challenge is to find ''the proper balance between and employee’s reasonable and protected interests in communicating and depicting workplace conditions and the company’s interests in protecting its valid business interests and ensuring they have productive employees during working time.''

Christopher Raphaely Discusses Issues Facing Health Care Industry with Philadelphia Business Journal

News - Health Care & Life Sciences - Health Care & Life Sciences

Raphaely discusses the Affordable Care Act, ACOs and other issues facing in house counsel working in the health care industry.

Debra Friedman Discusses Pay Transparency in The New York Times

News - Labor & Employment

In an article titled, ''Secrecy About Salaries May Be On The Wane,’’ Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the movement toward pay transparency and the potential impact on the workplace. ‘’In today’s world, generally speaking, younger workers share more of their lives publicly,’’ said Debra. ‘’Older workers would consider it private and impolite to ask co-workers what they are being paid.’’ The issue has been gaining momentum, in part due to a push by President Obama, who recently signed several executive orders regarding pay equity and transparency.

An Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, Customs and Other Federal Agencies [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation

The August edition of the Aviation Regulatory Update including updates on extension of comments periods, new enforcement actions, the FAA's legal interpretation prohibiting universities from using their Certificate of Waiver or Authorization to train students to fly drones, new regulations for transportation of lithium cells and batteries, and more.

Michael Schmidt Discusses Social Media in the Workplace on ''Power Your Life''

News

Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, discusses the intersection of social media and employment law in an interview with Dr. Jo Anne White.

The Rise and Risk of Obstructionist Discovery Tactics [The Legal Intelligencer]

Publication

In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the increasing use of the discovery process to leverage favorable settlements and resolutions.

Cozen O'Connor CEO & Managing Partner Accept The #ALSIceBucketChallenge

News

Moved by the viral sensation the ALS Ice Bucket Challenge, Michael Heller and Vince McGuinness have challenged all Cozen O'Connor employees to the ALS Ice Bucket Challenge. Employees at all of Cozen O'Connor’s 23 offices have 24 hours to either donate to ALS (www.alsa.org) or dump a bucket of water on their head (or both). For each employee who accepts the challenge, Michael and Vince will donate $5 to ALS and the firm’s charitable organization will match their donations. Our goal is $20,000.

Compliance Officers Beware: A Firm's Failure Can Get Personal [New York Law Journal]

Publication - Securities Litigation & SEC Enforcement

In an article titled, ‘’Compliance Officers Beware: A Firm’s Failure Can Get Personal,” Linda Riefberg and Joseph Dever, members of Cozen O’Connor’s Commercial Litigation Department, discuss the different approaches taken by the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) with respect to individuals acting as Anti-Money Laundering, Legal and Compliance Officers (hereinafter jointly referred to as CCO). The SEC requires as a threshold matter that the CCO had supervisory responsibility over other individuals. FINRA, on the other hand, is satisfied if the individual has supervisory responsibilities over businesses or program areas that had failures even if the person was not an actual supervisor.

Unclaimed Property: Court Holds Life Insurer’s Escheatment Duties Not Triggered By Insured’s Death [Litigation Alert]

Publication - Insurance

In an opinion filed August 5, 2014, the Florida First District Court of Appeal held that under Florida’s unclaimed property law, life insurance proceeds are not “due and payable,” and the dormancy period does not begin to run, until the life insurance company receives proof of the insured’s death and surrender of the policy. The court further held that life insurance companies do not have an affirmative duty under Florida law to search death records to determine whether an insured has died.

New York Court Erodes Privilege for Attorney-Insurer Communications [Global Insurance Alert]

Publication - Insurance Coverage - Insurance

On July 31, 2014, the New York Supreme Court, Appellate Division, First Department chipped away at the privilege protections available to insurers. In National Union Fire Ins. Co. of Pittsburgh, Pennsylvania v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (1st Dept. July 31, 2014), the First Department affirmed a 2013 New York County Supreme Court ruling that documents prepared in the ordinary course of an insurer’s investigation as to whether to pay a claim are not privileged — even if these documents are prepared by an attorney.